A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 9, 2016, around 05:00, the Defendant: (a) reported the victim E (one’s name, two-three years old) in front of the main point of “D” located in Gwangju Dong-gu, Gwangju, to the victim E (one’s name, two-three years old) under the influence of this alcohol, and (b) moved the victim to the Defendant’s house by burning the victim to the vehicle driven by E-gu F.

1. A quasi-indecent act Defendant was forced to commit an indecent act on the same day 05:30, at the Defendant’s house located in Nam-gu, Nam-gu, Gwangju, by inserting her hand into the victim’s clothes accumulated in the drinking breath, and became only the victim’s chest.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

2. The Defendant continued to engage in quasi-rape on the same day at around 06:00, when she took the victim under the influence of alcohol by around 605 at the International Manel located in Nam-gu, Nam-gu, Gwangju, and was in sexual intercourse with the victim one time by inserting his finger and her fingers into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical loss or non-refluence status.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes by cutting down the Iel CCTV into other areas;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 299, 298 (the point of forced indecent conduct, the choice of imprisonment) of the Criminal Act, Articles 299 and 297 (the point of quasi-rape) of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating of concurrent crimes within the extent that the sum of the long-term punishments of the crimes of quasi-rape heavier than the punishment prescribed by the said Articles is added);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. The proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of committing any sexual crime) exempted from an order for disclosure or notification;